Muller v. . Kling
New York Court of Appeals
Appeal from a, judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1912, in favor of plaintiffs upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal from a, judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1912, in favor of plaintiffs upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The parties submitted to the Appellate Division, in the first department, their controversy over the right to a certain fund in the defendant’s hands, upon an agreed statement as to the facts; which are the following*. During the month of May, 1898, the firm of Scholtz, Sanchez & Co. of New York requested the plaintiffs to purchase a draft, drawn by the…
1Opinion of the CourtGray, J.
I think that we should affirm the determination, which the Appellate Division has made of this controversy. The facts show that the plaintiffs did not purchase the draft on Demachy & Seilliere upon the general credit of the drawers, Scholtz, Sanchez & Co.; but upon the security afforded by their collateral draft on Invernizio, their debtor, for the same amount, payable to Demachy & Seilliere and which was remitted to that firm to secure their acceptance of the draft, according to an arrangement with them. The facts furnished the inference, irresistible as it seems to me, that Scholtz, Sanchez…
2Cases cited4 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Vail v. . FosterNew York Court of Appeals · 1850
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Tallman v. . HoeyNew York Court of Appeals · 1882
3Cited by22 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- First National Bank v. Pomona Tile Manufacturing Co.California Court of Appeal · 1917
- Christopher v. DavisCourt of Appeals of Texas · 1926
- First National Bank of Pocatello v. Commercial Union Assurance Co.Idaho Supreme Court · 1925
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
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